Terms & Conditions

Use of the Culkey Foundation Platform/Culkey Foundation Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading, or using the Culkey Foundation Platform located at Culkey Foundation.com, and all associated sites linked to Culkey Foundation, or the Culkey Foundation mobile application or any similar platform (hereinafter collectively, the Culkey Foundation Platform run by Culkey Foundation, having its registered office at # 110/8, Krishnappa Layout, Lalbagh Road Cross, Bangalore – 560 027 (hereinafter collectively,Culkey Foundation ) on any device and/or before availing any services offered by Culkey Foundation on the Culkey Foundation Platform which may include services such as payment, digital products, verification service, and marketplace service or any other service that may be offered by Culkey Foundation on the Culkey Foundation Platform (hereinafter individually, and collectively, the Culkey Foundation Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Culkey Foundation Services, whether offered by “Culkey” or its affiliates.

Acceptance

By registering on, accessing, browsing, downloading, or using the Culkey Foundation Platform for any general purpose or for the specific purpose of availing any Culkey Foundation Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Culkey Foundation Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any Culkey Foundation Service or any future service that may be offered by Culkey Foundation on the Culkey Foundation Platform. By registering on, accessing, browsing, downloading, or using (as applicable) the Culkey Foundation Platform or availing any Culkey Foundation Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Culkey Foundation Platform and immediately terminate Your availing of the Culkey Foundation Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Culkey Foundation Platform or a customer or beneficiary of the Culkey Foundation Services, and Culkey Foundation. All services are rendered by Culkey Foundation through the Culkey Foundation Platform under the brand name “Culkey Foundation” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities, and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Culkey Foundation, regarding Your use of Culkey Foundation’s digital services (which includes but may not be limited to purchase of badge, verification payments & Re-KYC payments). The Culkey Foundation Services shall be used by You subject to Your adherence to the T&Cs. As long as You accept and comply with these T&Cs, Culkey Foundation grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Culkey Foundation Platform and/or avail of the Culkey Foundation Services.

Eligibility

The Culkey Foundation Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Culkey Foundation from availing of the Culkey Foundation Services or accessing the Culkey Foundation Platform. By accepting the T&Cs or by otherwise using the Culkey Foundation Services on the Culkey Foundation Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Culkey Foundation, or disqualified for any other reason, from availing the Culkey Foundation Services or using the Culkey Foundation Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age, or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Culkey Foundation reserves the right to suspend or permanently prevent You from availing Culkey Foundation Services or using the Culkey Foundation Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail of specific Culkey Foundation Services and specific portions or features of the Culkey Foundation Platform, including promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Culkey Foundation Platform or for any Culkey Foundation Service offered on or through the Culkey Foundation Platform, the latter terms shall control with respect to Your use of that portion of the Culkey Foundation Platform or the specific Culkey Foundation Service. Culkey Foundation may make changes to any Culkey Foundation Services offered on the Culkey Foundation Platform, or to the applicable terms for any such Culkey Foundation Services, at any time, without notice. The materials on the Culkey Foundation Platform with respect to the Culkey Foundation Services may be out of date, and Culkey Foundation makes no commitment to update the materials on the Culkey Foundation Platform with respect to such Culkey Foundation Services.

Communication Policy

By accepting the T&Cs, You accept the following:

Culkey Foundation may send alerts to the mobile phone number provided by You while registering with the Culkey Foundation Platform for the SSOID service or on any updated mobile number subsequently provided by You on the Culkey Foundation Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of an e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
Culkey Foundation will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from Culkey Foundation as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Culkey Foundation Platform or availing any Culkey Foundation Services. Culkey Foundation shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Culkey Foundation liable for the non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
The SMS/e-mail alert/push notification service provided by Culkey Foundation is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, Culkey Foundation shall be immediately informed about the same by You and Culkey Foundation will make best possible efforts to rectify the error as early as possible. You shall not hold Culkey Foundation liable for any loss, damages, claim, expense including legal costs that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider.
You will indemnify and hold harmless Culkey Foundation and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Culkey Foundation or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the purchase confirmation, modification to a purchase, cancellation of purchase, from Culkey Foundation and/or the SMS/e-mail service provider.

Use of Culkey Foundation Platform

You understand that except for information, products or services clearly indicated as being supplied by Culkey Foundation, we do not operate, control, or endorse any information, products or services on the Internet in any way. You also understand that Culkey Foundation cannot and does not guarantee or warrant that files available for download through the Culkey Foundation Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

Prohibited Conduct

By accessing or using the Culkey Foundation Platform or by availing Culkey Foundation Services, You agree not to:

violate the T&Cs;
impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Culkey Foundation Services, perform any other similar fraudulent activity or otherwise avail Culkey Foundation Services with what we reasonably believe to be potentially fraudulent funds;
infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
use the Culkey Foundation Services if You are under the age of 18 years without a parental sponsor or, in any event, use the Culkey Foundation Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provided by You to Culkey Foundation;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Culkey Foundation Services and the Culkey Foundation Platform or features that enforce limitations on the use of the Culkey Foundation Services or the Culkey Foundation Platform;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Culkey Foundation Services or Culkey Foundation Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
use the Culkey Foundation Services or the Culkey Foundation Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Culkey Foundation Services or the Culkey Foundation Platform in an automated manner;
modify, adapt, translate or create derivative works based upon the Culkey Foundation Services and the Culkey Foundation Platform or any part thereof, except and only to the extent that this is permissible by applicable law;
intentionally interfere with or damage the operation of the Culkey Foundation Services or the Culkey Foundation Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
use any robot, spider, other automatic devices, or manual process to monitor or copy the Culkey Foundation Platform without prior written permission;
interfere or disrupt the Culkey Foundation Platform or networks connected to the Culkey Foundation Platform;
take any action that imposes an unreasonably or disproportionately large load on Culkey Foundation’s infrastructure/network;
use any device, software, or routine to bypass the Culkey Foundation Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Culkey Foundation Services;
forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Culkey Foundation Platform or to manipulate Your presence on the Culkey Foundation Platform;
sell the Culkey Foundation Services, information, or software associated with or derived from it;
use the facilities and capabilities of the Culkey Foundation Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
breach this Agreement, the SSOID Agreement, or any other agreement or policy as may be applicable pursuant to the T&Cs;
provide false, inaccurate, or misleading information;
use the Culkey Foundation Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Culkey Foundation Platform, except and only as expressly provided in the T&Cs;
avail Culkey Foundation Services with what Culkey Foundation reasonably believes to be potentially fraudulent funds;
use the Culkey Foundation Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability to Culkey Foundation, a third party, or You;
use the Culkey Foundation Services in a manner that Culkey Foundation or any payment card network reasonably believes to be an abuse of the payment card system or a violation of payment card network rules;
take any action that may cause Culkey Foundation to lose any of the Culkey Foundation Services from its service providers or lose any of its business partners, including companies, payment processors, or other suppliers;
send automated requests of any kind to the Culkey Foundation Platform without express permission in advance from Culkey Foundation.

Termination; Agreement Violations

You agree that Culkey Foundation, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Culkey Foundation Services/Culkey Foundation Platform and remove and discard on the Culkey Foundation Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. Culkey Foundation may also in its sole discretion and at any time discontinue providing access to the Culkey Foundation Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Culkey Foundation Services/Culkey Foundation Platform or any account You may have or a portion thereof may be effected without prior notice, and You agree that Culkey Foundation will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Culkey Foundation may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Culkey Foundation Services/Culkey Foundation Platform.

Limitation of Liability and Damages

In no event, Culkey Foundation or its contractors, agents, licensors, partners, or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this Agreement; (ii) the SSOID Agreement; (iii) the Culkey Foundation Services, the Culkey Foundation Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Culkey Foundation Services, the Culkey Foundation Platform (including any and all materials) or any reference sites/app/platform/service, even if Culkey Foundation or a Culkey Foundation authorized representative has been advised of the possibility of such damages. In no event, Culkey Foundation directors, employees, or agents, will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement; (ii) the SSOID Agreement; (iii) the Culkey Foundation Services, the Culkey Foundation Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Culkey Foundation services, the Culkey Foundation Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Culkey Foundation, however, caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Culkey Foundation Service or the Culkey Foundation Platform giving rise to the cause of action, or beyond or in excess Rs, 5,000, whichever is less. You acknowledge and agree that Culkey Foundation has offered its services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Culkey Foundation, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Culkey Foundation. Culkey Foundation would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Culkey Foundation’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold Culkey Foundation, its affiliates, employees, officers, directors, and partners harmless from any and all claims, losses, damages, liabilities, costs, and expenses, including without limitation legal fees and expenses, arising out of or related to (i) Your use or misuse of the Culkey Foundation Services or of the Culkey Foundation Platform; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Culkey Foundation reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Culkey Foundation, including rights to settle, and You agree to cooperate with Culkey Foundation’s defense and settlement of these claims. Culkey Foundation will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, Culkey Foundation and its third-party partners, disclaim all warranties or guarantees – whether statutory, express, or implied – including, but not limited to, implied warranties of, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Culkey Foundation or through the Culkey Foundation Services or the Culkey Foundation Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Culkey Foundation” includes Culkey Foundation’s officers, directors, and employees. You expressly agree that the use of the Culkey Foundation Services on the Culkey Foundation Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information provided through the site or on the Internet generally. Culkey Foundation does not warrant that the Culkey Foundation Services will be uninterrupted or error-free or that defects in the site will be corrected. The Culkey Foundation Services and the Culkey Foundation Platform and any data, information, third-party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Culkey Foundation and its partners do not warrant that the data, Culkey Foundation software, functions, or any other information offered on or through the Culkey Foundation Services/Culkey Foundation Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses, or other harmful components and do not warrant that any of the foregoing will be corrected. Culkey Foundation and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Culkey Foundation Services/Culkey Foundation Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Culkey Foundation Services/Culkey Foundation Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Culkey Foundation be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Culkey Foundation Platform.

Ownership; Proprietary Rights

The Culkey Foundation Services and the Culkey Foundation Platform are owned and operated by Culkey Foundation. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), software, services, and all other elements of the Culkey Foundation Services and the Culkey Foundation Platform provided by Culkey Foundation (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between, You and Culkey Foundation, all Materials, trademarks, service marks, and trade names contained on the Culkey Foundation Platform are the property of Culkey Foundation. You agree not to remove, obscure, or alter Culkey Foundation or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Culkey Foundation Services/Culkey Foundation Platform. Except as expressly authorized by Culkey Foundation, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Culkey Foundation reserves all rights not expressly granted in this Agreement. If You have comments regarding the Culkey Foundation Services and/or the Culkey Foundation Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Culkey Foundation, and shall assign to Culkey Foundation, all rights, titles, and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

Culkey Foundation reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting a notification on the Culkey Foundation Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Culkey Foundation Platform, availing the Culkey Foundation Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy are to terminate Your use of the Culkey Foundation Services/Culkey Foundation Platform. For certain changes, Culkey Foundation may be required under applicable law to give You advance notice, and Culkey Foundation will comply with such requirements. Your continued use of the Culkey Foundation Platform following the posting of changes will mean that You accept and agree to the changes.

Notice

Culkey Foundation may provide You with notices and communications by e-mail, SMS, push notifications, regular mail, or postings on the Culkey Foundation Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Culkey Foundation must be sent by courier to Culkey Foundation, having its registered office at # 110/8, Krishnappa Layout, Lalbagh Road Cross, Bangalore – 560 027

Waiver

The failure of Culkey Foundation to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Culkey Foundation.

Dispute Resolution

If any dispute, controversy, or claim arises under this Agreement or in relation to any Culkey Foundation Service or the Culkey Foundation Platform, including any question regarding the existence, validity, or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Culkey Foundation may elect to resolve any Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Banglore and the language of this arbitration shall be English. Either You or Culkey Foundation may seek any interim or preliminary relief from a court of competent jurisdiction in Bangalore necessary to protect the rights or the property belonging to You or Culkey Foundation (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Culkey Foundation may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Culkey Foundation. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Culkey Foundation must be resolved by a court having jurisdiction in Bangalore, India. You agree to submit to the personal jurisdiction of the courts located within Bangalore, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid, or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationships prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement is the entire agreement between You and Culkey Foundation relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Culkey Foundation in accordance with the terms of this Agreement.

Payments and Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading, or using the Culkey website located at Culkey.org, and all associated sites linked to Culkey.org, or the Culkey Foundation mobile application or any similar platform (hereinafter collectively, the Culkey Foundation Platform) run by Culkey Foundation, having its registered office at # 110/8, Krishnappa Layout, Lalbagh Road Cross, Bangalore – 560 027 (hereinafter collectively, Culkey Foundation)

Eligibility

The Culkey Foundation Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Culkey Foundation from availing of the Culkey Foundation Digital Services or accessing the Culkey Foundation Platform. By accepting the T&Cs or by otherwise using the Culkey Foundation Digital Services on the Culkey Foundation Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Culkey Foundation, or disqualified for any other reason, from availing the Culkey Foundation Badge Payment and verification & Re-Kyc Services or using the Culkey Foundation Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age, or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Culkey Foundation reserves the right to suspend or permanently prevent You from availing Culkey Foundation Digital Services or using the Culkey Foundation Platform.

Digital Services

Culkey Foundation facilitates the payment of certain badges through the Culkey Foundation Platform with respect to certain services. Please see the relevant links on the Culkey Foundation Platform for more information on Culkey Foundation’s badge payment service. Other services available on the Culkey Foundation Platform also include coupon redemption services. The terms and conditions in relation to payments and digital services are set out below. The terms and conditions in relation to payments and digital services set out below are applicable to and binding on You in conjunction with the SSOID terms and conditions already accepted by You. Each SSOID term or condition is applicable to and binding on You, or any of Your activities on the Culkey Foundation Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned herein below includes the terms and conditions in relation to payments and digital services set out below and the SSOID terms and conditions as well as other service-specific terms and conditions in relation to Culkey Foundation Services or Culkey Foundation Platform.

Refund Policy

All sales of digital badges on the Culkey Foundation Platform are subject to refund based on type of purchase and minimum amount of purchase which will only be decided by the “Culkey Foundation” . Culkey Foundation will investigate the incident and, if it is found that money was indeed charged to Your card or bank account without delivery of the badge then You will be refunded the money within 21 working days from the date of receipt of Your e-mail. All refunds will be credited to Your source account. It will take 3-21 working days for the money to show in Your bank account depending on Your bank’s policy.

Dispute Resolution

If any dispute, controversy, or claim arises under this Agreement or in relation to any Culkey Foundation Service or the Culkey Foundation Platform, including any question regarding the existence, validity, or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Culkey Foundation may elect to resolve any Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Bangalore and the language of this arbitration shall be English. Either You or Culkey Foundation may seek any interim or preliminary relief from a court of competent jurisdiction in Bangalore necessary to protect the rights or the property belonging to You or Culkey Foundation, pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Culkey Foundation may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Culkey Foundation. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

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